Court No. - 35 Case :- WRIT - C No. - 3611 of 2009 Petitioner :- Sanjay Kumar Dubey Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Kumar Singh,Abhishek Kumar Respondent Counsel :- C.S.C.,S. Mohan Hon'ble Devendra Pratap Singh,J.
The following order was passed on 11.12.2009 :
“Heard learned counsel for the parties.
The following order was passed on 19th of November 2009 :
“Heard learned counsel for the parties.
The father of the applicant was working as a Head Constable in the Police
Department died in harness on 7.4.1984 and after due procedure, the applicant was
given compassionate appointment on 21.8.1986 as a Constable (M). Having served
the Department satisfactorily, he was promoted as Asstt. Sub Inspector (M).
Nevertheless, after about 20 years, his services were dispensed with vide order
dated 8th February 2007 on the ground that he and his younger brother both had
obtained appointment on compassionate basis, therefore, after dispensing with the
enquiry under Rule 8(2)(b) of U.P. Police Officers of the Subordinate Ranks
(Punishment and Appeal) Rules, 1991 his services were dispensed with. The said
order was subjected to challenge in Writ Petition No.10438 of 2007 and a learned
Single Judge of this Court recorded categorical findings that the applicant was
appointed on compassionate basis, without practising fraud and therefore allowed
the writ petition on 29th May 2009 directing reinstatement within a month and back
wages within two months. Even though the copy of the order was duly served on the
opposite parties, no action was forthcoming, forcing the applicant to prefer the
present contempt petition.
Upon issuance of notice, affidavits of both the opposite parties have been filed
stating that after receipt of notice the State Government has permitted them to file a
special appeal. Admittedly, no action was taken by any of the opposite parties even
and after expiry of the period provided by the learned Single Judge nor within a
reasonable time and after receipt of notice, they are yet preparing to file a special
appeal.
The opposite parties are directed to comply with the order by the next date or obtain
an order in the yet to be filed special appeal. In case they fail to do so, both shall
appear in person on the next date
Let a copy of this order be given to Sri D.P.Misra, learned Standing counsel within 48
hours.
List on 11.12.2009.”
In pursuance thereof, the opposite parties have filed their affidavits stating therein
that the special appeal against the aforesaid judgment has been dismissed on 8th of
December 2009, whereafter the applicant was reinstated on 9th of December 2009
and they seek time to pay the arrears of salary.
Without going into the merits of the reason for time, list this petition on 7th of January
2010 for further orders.”
In pursuance thereof, another compliance affidavit has been filed
sworn by the opposite party no.1 stating that the entire arrears of
salary to the tune of Rs.4,54,153/- has been paid to the applicant
through cheque dated 18.12.2009 and another sum of Rs.74,063/-
with regard to the service benefits has been paid by cheque dated
22.12.2009. Learned counsel for the applicant does not dispute this
fact.
In view of the aforesaid, notices are discharged. Contempt petition is
rejected and consigned to record.
Order Date :- 7.1.2010
PKG